Karnataka High Court
Shri Parasuram S/O. Somalappa Dodamani vs Shri Moulasab S/O. Imamsab Maladar on 31 July, 2024
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NC: 2024:KHC-D:10760
CRL.RP No. 100359 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 31ST DAY OF JULY, 2024
BEFORE
THE HON'BLE MS. JUSTICE J.M.KHAZI
CRIMINAL REVISION PETITION NO.100359 OF 2023 (397)
BETWEEN:
SHRI PARASURAM S/O. SOMALAPPA DODAMANI,
AGE: 46 YEARS, OCC: CONTRACTOR,
R/O: NILANAGAR, TQ. SHIRUR L.T.,
TQ. AND DIST. BAGALKOT-587120.
...PETITIONER
(BY SRI ROSHAN SAHEB CHABBI, ADVOCATE FOR PETITIONER)
AND:
SHRI MOULASAB S/O. IMAMSAB MALADAR,
AGE: 47 YEARS, OCC: CONTRACTOR,
R/O: CHINCHALAKATTI, TQ. BADAMI,
DIST. BAGALKOT-587206.
...RESPONDENT
(BY SRI ANKIT R.DESAI, ADVOCATE FOR RESPONDENT)
THIS CRIMINAL REVISION PETITION FILED UNDER SECTION
397 R/W 401 OF CR.P.C., 1973, SEEKING TO SET ASIDE/QUASH
THE ORDER OF CONVICTION DATED 18.05.2023 PASSED IN
CRIMINAL APPEAL NO.68/2022 BY THE PRINCIPAL DISTRICT AND
SESSIONS JUDGE, BAGALKOTE, THEREBY CONFIRMING THE ORDER
OF CONVICTION DATED 20.08.2022 PASSED IN CC NO.180/2015, BY
THE ADDITIONAL CIVIL JUDGE AND JMFC, BADAMI, FOR THE
OFFENCE PUNISHABLE UNDER SECTION 138 OF THE NI ACT BY
ALLOWING THE TOP NOTED REVISION PETITION TO MEET THE ENDS
OF JUSTICE.
THIS CRIMINAL REVISION PETITION, COMING ON FOR
ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
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CRL.RP No. 100359 of 2023
CORAM: THE HON'BLE MS. JUSTICE J.M.KHAZI
ORAL ORDER
(PER: THE HON'BLE MS. JUSTICE J.M.KHAZI)
Petitioner/accused and respondent/complainant are
present. Both learned counsel for petitioner/accused and
respondent/complainant are also present.
2. A compromise petition is filed under Sections 320(6)
and 320(8) read with Section 482 of Cr.P.C.
3. This is a revision petition filed by the
petitioner/accused challenging the conviction and sentence
imposed by the trial Court, which came to be confirmed by
the Sessions Court by dismissing the appeal filed by him.
4. The subject matter of dispute is consisting of six
cheques Rs.1,00,000/- each. Parties have settled the matter
for a sum of Rs.5,00,000/-.
5. It is submitted that Rs.3,00,000/- is deposited
before the Trial Court and today the petitioner-accused is
handing over demand draft of Rs.2,00,000/- to the
respondent-complainant and reports the same. The terms
of the compromise are as under:-
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"i) The Petitioner has agreed pay to the
Respondent a sum of Rs.5,00,000/- and settle all
the disputes between them, including the dispute
and proceedings involved in the top noted
Petition and the Respondent also has accepted
the said proposal, without any objection.
(ii) The Petitioner has drawn a Demand Draft
dated 22/07/2024, bearing No.'194727' in the
name of the Respondent for an amount of
Rs.2,00,000/- drawn at 'Sahakaranagar' branch
of the 'Karnataka Bank Ltd.' and the same is now
being handed over to the Respondent before this
Hon'ble Court.
(iii) The Petitioner has no objection to release the
entire amount in favour of the Respondent which
is already deposited by the Petitioner before the
learned Principal Civil Judge and JMFC, Badami
an amount of Rs.2,40,000/- in DDO Code
No.209690 on 14.12.2022 and Rs.60,000/- in
DDO Code No.209690 on 11.10.2023 in Deposit
Account No.26556B007 by remittance Bank of
State Bank of India in the Remitter Name of Prl.
Civil Judge and JMFC Badami in
C.C.No.180/2015, as a payment to the
Respondent in view of the remaining balance
amount of settlement arrived at Rs.5,00,000/-, in
view of the settled terms between them.
(iv) The Settlement between Petitioner and
Respondent is of Free Consent of both the parties
and is not under any Coercion or undue influence
or fraud or misrepresentation.
(v) In view of the settlement arrived in the top
noted Petition, both the parties do hereby declare
and confirm to each other that, there are no dues
or liabilities of whatsoever nature, payable to
each other out of any kind of transactions, ever
occurred between them.
(vi) It is agreed by both the parties, before this
Hon'ble Court, in view of the terms of settlement
that, both the parties would not file any case
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against each other either of Civil, Criminal or of
any other nature, as the entire disputes between
both the parties are hereby resolved and settled
forever.
(vii) That the Respondent also do hereby
confirms that, in view of the Demand Draft which
is being handed over to him today before this
Hon'ble Court and in view of the order of this
Hon'ble Court for release of the entire amount in
favour of the Respondent which was deposited by
the Petitioner before the learned Principal Civil
Judge and JMFC, Badami in C.C.No.180/2015,
there is absolutely no due payable by the
Petitioner, to the Respondent of whatsoever
nature.
(viii) That the Petitioner herein, in view of the
terms of this Compromise Petition, do hereby
agrees that, he would not object, for release of
the amount deposited by him before the learned
Principal Civil Judge and JMFC, Badami, at any
point of time.
(ix) That the Respondent herein, would agree
that, he would not file any other Suit, Complaint
or Petition against the Petitioner/Accused on the
same cause of action, as is involved in the top
noted case."
6. Parties admit the compromise and execution. The
terms of the compromise are legal and equitable.
7. In the light of the compromise entered into
between the parties, I proceed to pass the following:
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ORDER
i) The Criminal Revision Petition is disposed
off.
ii) Impugned judgment and order dated
18.05.2023 in Crl.A.No.68/2022 passed
by the Principal District and Sessions
Judge, Bagalkote, by confirming the
judgment and order dated 20.08.2022,
passed by the Addl. Civil Judge and
JMFC, Badami in C.C.No.180/2015, are
set aside. Consequently,
petitioner/accused is acquitted of the
offence punishable under Section 138 of
Negotiable Instrument Act.
iii) Bail bond of the accused and Sureties
bond shall stand cancelled.
iv) The Trial Court is directed to release the
amount of Rs.3,00,000/- in deposit in
favour of the complainant.
Sd/-
(J.M.KHAZI)
JUDGE
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